Jump to content
Sign in to follow this  
InternationalGuy

Filling a 1040 while spouse lives overseas

7 posts in this topic

Recommended Posts

Hello all, I have a question concerning IRS. I tried calling them but they weren't helpful, I will try emailing them, however this is the concern. My dad is GreenCard holder and needs to file his 1040 for 2014, he obviously has a social sec number. Based on my understanding, because he is married, he also needs spouse's SSN or taxpayer ID even if he is filling separately? what if she is not here in US and doesn't have any of the numbers (SSN or TID). Anyone in this predicament or have the experience of filling taxes while married and spouse overseas? as in prior to bringing her or whatever the case was or has been?

Thank you!


I am USC

06-20-13 Dad's I 130 sent

06-25-13 NOA1 received

12-26-13 Notice Via Email and Texts petition transfered to Nebraska

01-20-14 Expedite with Nebraska

02-06-14 Text message NOA2 approved , waiting on hard copy

02-06-14 Email from USCIS , my file was transferred to NVC

02-10-14 NOA2 received

02-15-14 still waiting on case number from NVC

02-19-14 NVC received package from USCIS

02-19-14 I applied for expedite process with NVC

03-03-14 NVC assigned case and invoice number, but I am unable to log in

03-04-14 Able to log in. Completed father's DS 261

03-05-14 AOS fee available to be paid. I paid it online.

Share this post


Link to post
Share on other sites

He only needs the social security number or tax id number if he is filing married jointly. If he is filing married separate, and his wife live in another country,he can put the letter NRA (non resident alien) in the line


ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

Share this post


Link to post
Share on other sites

He would be Married Filing Jointly, listing his wife and writing NRA(Non Resident Alien) in place of her SSN.

I do not think he can file jointly if his wife is in another country. I could be wrong but if he files jointly his wife will need ss or tax ID number. He can

File married separate and write NRA in.

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

Share this post


Link to post
Share on other sites

Also to add if his wife comes over here at later date and get social security number He can amend his filing status from married separate to married filing jointly. I believed it can be done up to 3 years after the taxes has been filed. Usually, not always married filing jointly has better tax advantage.


ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

Share this post


Link to post
Share on other sites

I do not think he can file jointly if his wife is in another country. I could be wrong but if he files jointly his wife will need ss or tax ID number. He can

File married separate and write NRA in.

My bad. I think you are correct. After reading through IRS Publication 17, to claim an exemption for a NRA they would need a SSN or ITIN to file jointly. Otherwise, it would be as you say. Although filing separately will be at a higher tax rate. I personally would go after that exemption.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×